1994—No. 666 (NSW)
1994—No. 666
JUSTICES ACT 1902—REGULATION
(Liquor and Registered Clubs (Short Description of Offences) Regulation 1994)
NEW SOUTH WALES
[Published in Gazette No. 174 of 23 December 1994]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Justices Act 1902, has been pleased to make the Regulation set forth hereunder.
JOHN HANNAFORD,
Attorney General and Minister for Justice.
Citation
1. This Regulation may be cited as the Liquor and Registered Clubs (Short Description of Offences) Regulation 1994.
Commencement
2. This Regulation commences on 23rd December 1994.
Short description of summary offences
3. (1) For the purposes of section 145B (2) of the Justices Act 1902, the prescribed expression in relation to a summary offence specified in Column 1 of Schedule 1 is the expression set out opposite it in Column 2 of that Schedule.
(2) If a choice of words is indicated in Column 2 of Schedule 1, the words remaining after the omission of the words irrelevant to the offence constitute the prescribed expression.
(3) In this Regulation, a reference to a provision in Schedule 1 in relation to an offence is a reference to that provision as in force at the time the offence is alleged to have occurred.
1994—No. 666
SCHEDULE 1
(Cl. 3)
Column 1 Column 2 Offence Prescribed expression
Offences under Liquor Act 1982
| Section 84 (2)—licensee failing to lodge statutory declaration in relation to sales and purchases of liquor in accordance with that subsection | fail to lodge liquor declaration | ||
| Section 85 (1)—licensee failing to lodge statutory declaration in relation to sales of liquor made to persons authorised to sell liquor in accordance with that subsection | fail to lodge liquor sales declaration | ||
| Section 86 (1 )—licensee failing to keep a record of liquor purchases, acquisitions, sales or supplies or authorised deductions in accordance with that subsection | fail to keep liquor record | ||
| Section 86 (2)—Iicensee failing to retain record of liquor under section 86 (1) on licensed premises for 5 years after its making | fail to retain liquor record | ||
| Section 86 (2A)—licensee failing to retain any document relating to the business carried on pursuant to the licence as required by that subsection | fail to retain business document | ||
| Section 86 (4)—without reasonable excuse, fail to comply with a |
|
requirement
requirement made by an inspector
under section 86 (3)
| Section 86A (1)—licensee failing to keep full and accurate records of amounts | licensee fail to keep low alcohol liquor |
record
paid or payable by or on behalf of the licensee for low alcohol liquor in order that the fee under section 80 may be properly determined
| Section 86A (2)—holder of off-licence failing to keep record of the quantity | off-licensee fail to keep low alcohol |
liquor record
of low alcohol liquor sold or supplied or the amounts paid or payable for quantities sold or supplied
1994—No. 666
Column 1 Column 2 Offence Prescribed expression
Section 113—minor using evidence purporting to be evidence of age (being evidence that is false in a material particular) in order to obtain entry to, remain in, or obtain liquor from, licensed premises
minor use false evidence of age
Section 114 (1 )—selling or supplying
liquor to a person under the age of 18
yearssupply liquor to minor Section 114 (3)—licensee, on licensed premises, allowing liquor to be sold or
licensee allow liquor to be supplied to
minor
supplied to a person under the age of
18 years
Section 114 (4)—obtaining liquor from
licensed premises on behalf of a
person under the age of 18 yearsobtain liquor on behalf of minor Section 115 (1)—person under the age of 18 years:
(a) consuming liquor on licensed premises or on the premises of
minor consume liquor on licensed
premises/unlicensed restaurant
an unlicensed restaurant
(b) obtaining, or attempting to
obtain, liquor for consumption
on licensed premisesminor obtain/attempt to obtain liquor
(c) carrying liquor away, or minor carry away/attempt to carry
attempting to carry liquor away, away liquor from licensed premises
Section 115 (3)—person sending a person under the age of 18 years to licensed premises, or ordering or requesting a person under the age of 18 years to go to licensed premises, for the purpose of obtaining liquor
send minor to obtain liquor
Section 116—except with consent of the Board, licensee allowing person under the age of 18 years to sell, supply or serve liquor on licensed premises
licensee allow minor to supply liquor
Section 116A (1)—minor entering or remaining in a restricted area in a hotel
minor in restricted area of hotel
1994—No. 666
Column 1 Column 2 Offence Prescribed expression
| Section 116A (2)—minor entering or remaining in a part of a hotel authorised under section 112 (1) (a) for use by a minor in the company of an adult while not in the company and immediate presence of a responsible adult | unaccompanied minor in hotel |
| Section 116A (4)—minor entering or remaining in a licensed restaurant | unaccompanied minor in late-trading |
restaurant
during a late-trading period while not in the company and immediate presence of a responsible adult
Section 116B (1)—offence by licensee if
a minor:
(a) enters a restricted area in a hotel minor entering restricted area of licensee’s hotel
(b) enters a part of a hotel authorised under section 112 (1)
unaccompanied minor entering
authorised area of licensee’s hotel
(a) for use by a minor in the company of an adult but is not in the company and immediate presence of a responsible adult
(c) enters a licensed restaurant during a late-trading period but
unaccompanied minor entering
licensee’s restaurant (late-trading)
is not in the company and immediate presence of a responsible adult
Section 116B (2)—offence by licensee if
a minor:
(a) is in a restricted area in a hotel, unless at once removed from the
unaccompanied minor in restricted area
of licensee’s hotel
licensed premises
(b) is in a part of a hotel authorised for use by a minor in the
unaccompanied minor in authorised
area of licensee’s hotel
company of an adult but is not in the company and immediate presence of a responsible adult., unless at once removed from the licensed premises
(c) is in a licensed restaurant during a late-trading period but is not in
unaccompanied minor in licensee’s
restaurant (late-trading)
the company and immediate presence of a responsible adult, unless at once removed from the licensed premises
1994—No. 666
Column 1 Column 2 Offence Prescribed expression
Section 116B (4)—offence by hotelier if liquor is sold, supplied or consumed in the hotel:
(a) during any period for which an supply liquor in hotel during period
authorisation under section 112 minors allowed (1) (b) operates to authorise the use by a minor of a part of the hotel
(b) within 30 minutes before the beginning of that period or
supply liquor in hotel before/after
period minors allowed
within 30 minutes after its end Section 116C (1)—offence by hotelier if
there is not continuously displayed:
(a) in each restricted area in the hotel a notice in the prescribed
hotelier fail to display minors sign in
restricted area
form that relates to the exclusion of minors from the restricted area
(b) in each part of the hotel in which hotelier fail to display minors sign in
a minor is permitted to remain in authorised area the company and immediate presence of a responsible adult a notice in the prescribed form that relates to the presence of minors in that part of the hotel
Section 116C (3)—offence by holder of an on-licence for a restaurant trading
restaurant licensee fail to display
minors sign
during a late-trading period if there is not continuously displayed during the late-trading period a notice in the prescribed form that relates to the presence of minors in the restaurant during the late-trading period
Section 116—adult in whose company a minor is lawfully in a hotel or licensed restaurant:
(a) permitting the minor to consume liquor on the licensed premises
permit minor to consume alcohol in
hotel/licensed restaurant
(b) leaving the minor on the licensed leave minor in hotel/licensed restaurant
premises deprived of the
company and immediate presence of the adult without first informing the licensee or an employee of the licensee
1994—No. 666
Column 1 Column 2 Offence Prescribed expression
Section 117A (2)—person reasonably suspected of being a minor:
(a) refusing or failing to state full name and residential address
minor fail to provide name and
address
pursuant to a requirement under
section 117A (1)
(b) without reasonable cause, minor fail to produce evidence of age refusing or failing to produce evidence of age as referred to in section 117A (1) (b) pursuant to a requirement under section 117A (1)
| Section 117B—licensee or employee of the licensee failing to refuse entry to a | licensee/employee permit entry to |
minor
person (who may reasonably be suspected of being under the age of 18 years) who is attempting to enter premises to which the licence relates, or a part of the premises, as required by that section
| Section 117C (1)—offence by holder of hotelier’s licence if a person under the | minor use approved amusement device |
in hotel
age of 18 years uses or operates an approved amusement device on premises to which a hotelier’s licence relates
| Section 117D (1)—person under the age of 18 years using or operating an | minor use amusement device on |
licensed premises
approved amusement device kept on
licensed premises
| Section 117E (2)—minor providing information in order to obtain evidence of a kind prescribed by the regulations for the purposes of that section, knowing that the information is false or misleading in a material particular | minor providing false information |
1994—No. 666
Column 1 Column 2 Offence Prescribed expression
Section 117E (3)—person providing or certifying information of a kind
provide/certify information to obtain
false evidence of age
required to enable that or any other person to obtain evidence of a kind prescribed by the regulations for the purposes of that section, knowing that the information is to be used in order to obtain evidence, or that it is required in order to obtain evidence, prescribed for those purposes and that the information is intended to be used to obtain evidence that will be false or misleading in a material particular
Section 118 (1)—holder of hotelier’s licence failing to close or keep closed to the public licensed premises as required by that section
hotelier fail eo close premises
Section 118 (2)—holder of an off-licence to sell liquor by retail failing to close or keep closed any counter or place at or in which liquor is usually sold or supplied pursuant to the licence at any time when the premises should not be open for the sale of liquor pursuant to the licence
retail licensee fail to close premises
Section 119 (1)—at a time when sale or supply of liquor not permitted, licensee:
(a) keeping licensed premises open for sale or supply of liquor
licensee keep premises open outside
trading hours
(b) selling or supplying liquor licensee supply liquor outside trading hours
Section 124—person who does not hold
an off-licence for a brewer carrying on
business as a brewerbrewing without a licence Section 125 (I) (b)—licensee permitting intoxication, or any indecent, violent
licensee permit intoxication or
indecent/violent/quarrelsome conduct
or quarrelsome conduct, on licensed
premises
Section 125 (3)—person selling or
supplying liquor on licensed premises
to any person who is intoxicatedsupply liquor to intoxicated person
1994—No. 666
Column 1 Column 2 Offence Prescribed expression
Section 126 (1)—licensee:
(a) permitting or suffering gaming licensee permit gaming for stakes for stakes on licensed premises (b) permitting or suffering the licensee permit unlawful gaming playing of an unlawful game on
licensed premises
(c) opening, keeping or using licensed premises or suffering
licensed premises used in breach of
Gaming and Betting Act
licensed premises to be opened, kept or used in contravention of the Gaming and Betting Act 1912
| Section 126 (2)—servant of licensee or person, other than the licensee, in | permit playing of unlawful game on |
licensed premises
charge of licensed premises permitting the playing of an unlawful game on the licensed premises
Offences under Registered Clubs Act
1976
| Section 27—secretary of registered club failing to lodge statutory declaration in | secretary fail to lodge liquor |
declaration
accordance with that section
| Section 27A ( 1 )—registered club failing to keep record of liquor purchased, or otherwise acquired, by the club in accordance with that subsection | fail to keep liquor record |
| Section 27A (2)—secretary failing to retain record under section 27A (1) on club premises or other approved place for 5 years after its making | fail to retain liquor record |
| Section 27A (3)—secretary failing to retain any document or record relating to the business of the club for a period of 5 years from its making | fail to retain club business record |
| Section 27A (5)—without reasonable excuse, fail to comply with a | fail to comply with inspector’s |
requirement
requirement made by an inspector
under section 27A (4)1994—No. 666
Column 1 Column 2 Offence Prescribed expression
Section 27B (1)—club failing to keep full and accurate records of amounts paid
club fail to keep low alcohol liquor
record
or payable by or on behalf of the club for low alcohol liquor in order that the fee under section 15 may be properly determined
Section 37 (1)—club failing to lodge with the secretary of the Board, in accordance with that subsection, a copy of the balance sheet and of either the profit and loss account or the income and expenditure account, each as duly audited, submitted to the annual general meeting
fail to lodge AGM document
Section 44 (1)—cllub supplying or disposing of liquor or causing or
liquor supplied by club not on club
premises
suffering liquor to be supplied or disposed of except on the defined premises of the club
Section 44 (2)—person authorised by club to supply or dispose of liquor
liquor supplied on behalf of club not
on club premises
supplying or disposing of liquor, or causing or suffering liquor to be supplied or disposed of, on behalf of the club except on the defined premises of the club
Section 44A (1)—secretary of registered
club:
(a) permitting intoxication on club secretary permit intoxication in club premises
(b) permitting any indecent, violent or quarrelsome conduct on club
secretary permit indecent/violent
quarrelsome conduct in club
premises
Section 44A (2)—selling or supplying liquor to an intoxicated person in a
supply liquor to intoxicated person in
club
registered club
1994—No. 666
Column 1 Column 2
Offence Prescribed expression
| Section 45 (1)—offence by person, club and secretary of club if the person uses any of the accommodation, facilities or amenities provided on the defined premises of the club and is not a member or a guest of a member or is a temporary member who has not been registered in accordance with the Act | non-member using | facilities of club |
| Section 45A—make an entry relating to a guest under the age of 18 years in the register kept for the purposes of section 30 (2) (k) | register minor as guest |
| Section 47—offence by registered club if a rule of the registered club referred to in section 30 (1), (2) or (2A) (except section 30 (2) (g) or (h)) is broken | break rule of club |
| Section 47—offence by secretary of registered club if a rule of the registered club referred to in section 30 (2) or (2A) (except section 30 (2) (g) or (h)) is broken | break rule of club |
| Section | 50 (1)—offence by registered |
| club | and secretary of the registered |
| club | if: |
(a) a person employed by, or on club employee supply liquor to minor behalf and with the authority of, the club sells, supplies or disposes of liquor on the premises of the club, or permits liquor to be sold, supplied or disposed of, to a person under the age of 18 years
(b) a person who is under the age of fail to remove minor from bar 18 years and who is in any bar is not forthwith removed from the bar
| Section | 50 (2)—person (other than a person employed by, or on behalf and | supply liquor to minor on club |
premises
with the authority of, a registered club) supplying or disposing of liquor on the premises of a registered club, or permitting liquor to be so supplied or disposed of, to a person under the age of 18 years
1994—No. 666
Column 1 Column 2 Offence Prescribed expression
Section 50 (2A)—offence by member if a person under the age of 18 years on
member having minor as guest in bar
of club
the premises of a registered club as the guest of a member of the club is in any bar of the club
Section 50A (1)—offence by registered club and secretary of registered club if
minor not removed from poker
machine area of club
a person under the age of 18 years is in any poker machine area of the club (other than a part of the premises of a registered club referred to in section 54 (2) (a), (b), (b1) or (b2)) and is not forthwith removed from that area
Section 50A (2)—offence by member of a registered club if a person under the
member having minor as guest in
poker machine area
age of 18 years on the premises of the club as the guest of the member is in the poker machine area of the club
Section 50B (1)—offence by registered club and secretary of registered club if
fail to display notice in bar/poker
machine area
a notice with respect to the exclusion from the bar or poker machine area of club premises of persons under the age of 18 years is not displayed in every bar and poker machine area in accordance with that subsection
Section 50B (2)—offence by registered club and secretary of registered club if a notice with respect to the obligations of members in relation to their guests who are under the age of 18 years is not displayed in accordance with that subsection
fail to display minors notice
Section 51—person under the age of 18 years:
(a) consuming liquor on the minor consume liquor in club premises of a registered club
(b) obtaining or attempting to obtain minor obtain/attempt to obtain liquor
liquor for consumption on the in club premises of a registered club
(c) carrying liquor away or minor carry/attempt to carry away
attempting to carry liquor away liquor from club from the premises of a registered
club
1994—No. 666
Column 1 Column 2 Offence Prescribed expression
(d) using or operating poker minor use poker machine in club machines in the premises of a
registered club
(e) entering or being in a poker minor in poker machine area machine area
| Section 52 (1)—person under the age of 18 years entering or in a bar | minor in bar |
| Section 52A (2)—person reasonably suspected of being a minor who is the subject of a requirement under section 52A (1): |
(a) refusing or failing to state full name and residential address
minor fail to provide name and
address
(b) without reasonable cause, minor fail to produce evidence of age refusing or failing to produce evidence of age as referred to in section 52A (1) (b)
| Section 52B (1)—secretary or employee of a registered club failing to refuse | secretary/employee permit entry to |
minor
entry to a person (who may reasonably be suspected of being under the age of 18 years) who is attempting to enter club premises or a part of club premises as required by that subsection
| Section 52B (2)—secretary or an employee of a registered club failing | secretary/employee permit supply of |
liquor to minor
to refuse to supply liquor to a person on the club premises who may reasonably be suspected of being under the age of 18 years
| Section 52C—person under the age of 18 years using any evidence purporting to be evidence of his or her age in order to obtain entry to, or to obtain liquor from, a registered club, where the evidence is false in a material particular | minor use false evidence of age |
| Section | 57 | (2)—minor | providing | minor provide false information |
information in order to obtain evidence of a kind prescribed by the regulations for the purposes of section 57, knowing that the information is false or misleading in a material particular
1994—No. 666
Column 1 Column 2 Offence Prescribed expression
Section 57 (3)—person providing or certifying information of a kind
provide/certify information to obtain
false evidence of age
required to enable that or any other person to obtain evidence of a kind prescribed by the regulations for the purposes of section 57, knowing that the information is to be used in order to obtain evidence, or that it is required in order to obtain evidence, prescribed for those purposes and that the information is intended to be used to obtain evidence that will be false or misleading in a material particular
EXPLANATORY NOTE
The object of this Regulation is to prescribe the short descriptions that, by virtue of section 145B of the Justices Act 1902, are sufficient to state or describe, in any information, complaint, summons, warrant, notice, order or other document, certain offences under the Liquor Act 1982 and the Registered Clubs Act 1976. The Regulation comprises matters of a machinery nature.
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